LIBRARY OF CONGRESS. 



Shelf T336' 



UNITED STATES OF AMERICA. 



PATENTS 



A GUIDE 

TO 

|nrenlors, ||anu|;aciur^rs ami j^eriiknte, 

WHO SEEK TO SECURE AND MAINTAIN 

PATENTS FOR INVENTIONS, 

TRADE MARKS AND COPYRIGHTS. 

WITH AN APPENDIX CONTAINING THE 

COMPLETE PATENT LAW OF THE 

UNITED STATES. 



\ ^y- /BY 

/y^ A. V. BKIESEN, 

Attokney in Patent Cases, 

No. 258 Bkoadway, ^^^ '^-u \ 

NEW YORK. , . . / iy 36 r,_^ , 



oT8. 
Evening Post Steam Presses, ^OS Broadway.. 

1878 



Copy II I OUT SECURED BY A. V. BrIESEN. 

1878. 



^\^ 



\''V 



INDEX. 



Pages. 

Administrator raay have Patent 42 

Apply for a Patent, How to 1 1, 40, 41 

Appeals 1 6, 44, 55 

Assignments 23, 42 

Caveats 27, 43 

Centennial Exhibition 19 

Commissioner of Patents 5, 45 

Copyrights 31, 52 

Cost of Patents 12, 49 

Design Patents 24, 48, 49 

Disclaimer 46, 48 

Foreign Patents 84, 47, 48 

Infringement Suits 30, 47 

Interference Cases 36, 44, 46 

Invent, How to 8 

Labels and Prints. 30, 52, 53 

Models 18, 41 

Marking and Falsely Marking Articles 42, 43 

Patent, What is a ? 6, 40, 42 

Patent Office 4 

Preliminary Examinations 22 

Proceedings in Patent Office 14 

Re-issues 25, 4 2, 46 

Rejected Applications 21, 44 

Repeal Provisions 53 

Trade Marks 28, 5U-53, 54-56 

Washington, Going to 20 



INTRODUCTION. 



No couii^-ry in the world produces so many 
important and useful inventions and discoYeries 
as the United States. This is to a great extent 
due to the liberality and wisdom of our goyern- 
ment in securing to inventors by patents a pro- 
tection for their inventions, thereby giving them 
an ample reward for the perseverance and labor, 
'which they employ in making and perfecting 
the same. But, at the same time, the United 
States are careful that patents are only granted 
to those, who really deserve them. Only an in- 
ventor is entitled to a patent, one who has 
originated and produced a new or improved 
machine or article of manufacture^ or an im- 
2)rovement in the art of producing useful things, 
cr a novel composition for useful purposes. A 
mere imitator, and even he, who applies only 
mechanical skill to the amelioration of existing 
things, will not be entitled to a patent. In short, 
original mental work, in the direction of the 
industrial arts, is to be fostered and encouraged, 
but not the mere skillful use of known means 
and devices. 



THE U. S. PATENT OFFICE 

Is an institution of such magnitude, containing 
such a vast collection of monuments of the hu- 
man intellect in the form of models, specimens, 
drawings, descriptions, etc., that it is altogether 
beyond the power of one mind to grasp the en- 
tire collection within its compass. Including 
foreign patents, our own patents, and re- 
jected and pending applications, it contains 
a record of over one-fourth of a million of 
new inventions, relating to all the various, 
branches of trade and industry. The build- 
ing of the Patent Office is one of the most 
magnificent structures in the City of Wash- 
ington. Ik is erected on two squares or blocks, 
and is situated on the principal thoroughfare. 
Xevertheless, it already proves too limited for 
the proper transaction of the vast amount of 
business carried on in it, and for the proper stor- 
age of the many thousands of models and records 
transmitted to it. It is at least to be hoped that 
the rooms now occupied in the Patent Office by 
the Secretary of the Interior and by the Land 
Offices will soon be surrendered to the Commis- 
sioner of Patents, and that a separate structure 
for the Department of the Interior will be 
erected. 



THE C03DII8810NER OF PATENTS 

is the head of the U. S. Patent Office. He 
superintends the examiners, clerks and other 
employes of the office ; decides controversies re- 
lating to the practice, and establishes rules and 
regulations, not inconsistent with the law, for 
the conduct of proceedings in the Patent Office. 
He is also the chief judicial officer, as all appeals 
arising in the office must be decided by him be- 
fore they can reach the courts. In interference 
cases, the appeal to the Commissioner and his 
decision are final. 

The applications for patents are submitted to 
the examiners, who are carefully selected for 
their learning and experience in the branches 
of the arts to which they are respectively assign- 
ed. They search into the merits of new applica- 
tions, into the sufficiency of claims and specifi- 
cations, granting and rejecting applications, as 
appears proper in their judgment. 

To guard, however, against errors on their 
part, a system of appeals has been devised by 
law, whereby justice, to a meritorious inventor, 
is made almost a certainty. Three appeals are 
allowed ; the first to a Board of Examiners-in- 
chief, the second to the Commissioner of Patents 
in person, and the third to the Supreme Court 
of the District of Columbia. 



The nature and cost of appeals are more fully 
explained under the head of " Appeals." 

WHAT IS A PATENT ? 

A patent is the guarantee of our Government 
that the originator of a new invention, or the 
person to whom he may transfer his right, shall^ 
for the term of seventeen years, have the exclu- 
sive right to make, use, and sell the article in- 
vented by him. This guarantee is most liberally 
enforced by the United States Courts. In fact 
a patent is a contract between the inventor and 
the people, the inventor giving to the people a 
full knowledge of his invention, which the peo- 
ple, after the expiration of the patent, shall have 
the full right to use, and in consideration for 
the information thus imparted, the inventor 
receives for a limited time (17 years,) the exclu- 
sive right to use, make, and sell the improve- 
ment. 

Patents are granted by our Government for 
every invention, which results in an actual new 
and useful improvement on an existing article^ 
be it ever so small, or which produces new and 
original devices or machinery, compositions or 
processes, and it is frequently the case that jjp- 
parently insignificant improvements yield large 



profits to the patentees^ or to those who may 
have bought their patents. 

Hundreds of patents are annually granted 
for such small improyements, and experience has 
shown that those inventions, which can be most 
readily introduced at a small expense, are apt to 
prove most remunerative. 

That the patents for more important inven- 
tions are also profitable, and usually yield for- 
tunes to the inventors or introducers, need hard- 
ly be mentioned. Everybody knows, that the 
owners of the sewing-machine, revolver, rub- 
ber, mowing-machine, electric telegraph, and 
other patents have acquired nnlimitea wealth. 
There is certainly no better oi^portunity for 
thoughtful and leisure minds than to invent. It is 
frequently the shortest road to fortune. But it is 
with inventors as with poets, — those least compe- 
tent believe themselves usually the most expert, 
and mere imitators, copyists of other people's 
ideas, are generally the loudest to proclaim their 
titles as inventors. To sift the chaff from the 
wheat, to separate the true inventors from their 
parasites is the principal object of the Patent Of- 
fice, its most laborious and often thankless duty, 
and the like duty of the courts, when they are 
called upon to decide controversies relating to 
patents. 



HOW TO INYExNT, 

One who inyents or seeks to improve existing 
devices should be particularly careful to malce 
himself to ell acquainted with the state of ihe 
arts generally, and especially with that to which 
the contemplated improvement appertains, and 
with its defects. 

Standard works on mechanics or other 
branches of science, in which the would-be in- 
ventor is interested, should be read and studied. 
This will enable him to go to work knoivingly, 
where others trust to chance and good luck 
rather than undergo the labor which is neces- 
sary to l^d to knowledge. If a new and useful 
invention has been conceived, a drawing, and, 
if the case admits of it, a small working model, 
should at once be prepared. This enables the 
experimenter to more carefully inspect and re- 
vise his invention and see whether it answers 
the purpose for which it is intended. He should 
not get impatient if some of these experiments 
prove failures. No really good and valuable in- 
vention has ever been made without the aid of 
study and perseverance. As soon as the invention 
is completed the application for a patent should 
be made wiUiout delay. 

The model may be sent or brought to a re- 
spectable patent attorney, and his opinion as to 



the novelty and patentabilty of the invention 
obtained. At our office such opinions are fre- 
quently requested by inventors, who reside in 
the city, and also by those from the country, 
who send their models by express. 

Every applicant may, when he selects an 
honest attorney, be sure that he w411 receive a 
candid opinion as to the merits of his inven- 
tion. 

Many inventors, from lack of energy, or from 
anxiety to select ^^more favorable opportuni- 
ties," allow their inventions to " sleep,'^ and fail 
to take early steps for securing their patents. 
This is a serious mistake, nay, it may be prop- 
erly termed a fraud upon the public, which, 
holding out the broad protection of the patent, 
is entitled to an early and candid report of all 
inventions made. In the race of diligence be- 
tween rival inventors — a race of more frequent 
occuirence than would be imagined — those are 
looked upon with most favor, by parties in 
authority, who display the most energy in bring- 
ing their inventions forward — not those who, 
like misers, hold them secure under lock and 
key. 

Who can obtain a patent? Every person, 
whether a citizen of the United States or a for- 
eigner, and all ladies and minors, who, having 



lO 

made an invention, whereby a new article is 
created for the trade, or an old article improved 
and its ntility increased, may obtain a patent 
therefor, for the term of seventeen years. A 
patent is only granted to the person who can 
make oath that he or she is the Urst and 
original inventor, or, if there be joint inventors 
of the same thing, that they are the first original 
and joint inventors of the improvement for 
which a patent may be desired. Nearly all im- 
portant articles of mannfacture in the United 
States are protected by one or more patents. In 
many conntries it has been deemed proper to 
grant patents to all applicants, without requir- 
ing the oath of invention, and to let the courts 
determine whether the patentees were really 
entitled to the patents issued to them. That 
under such a system the issue of many patents 
is but an idle performance, a mere farce, is self- 
evident; also that it is apt to invite piracy of 
inventions by unscrui^ulous persons, who do not 
shrink from appropriating to themselves the 
fruits of other people's labor. The wisdom of 
the American system, in requiring the solemn 
oath of invention, is therefore eminently wise 
and just, and has so proved itself by actual ex- 
perience. 

The CNjnim'ssioner's Ecport for the year 187G 



1 1 

states that two-thirds of the manufacturing in- 
terests of our country are based upon .patents^ 
and that the welfare of all such interests is inti- 
mately connected with the welfare of the patent 
system. 

During the past eight years a larger number 
of applications for patents was filed and more 
patents were granted than during the entire 
seventy-eight preceding years, reachiiig back ta 
the enactment of the first patent law. Thi& 
makes it eyident that patents are profitable, for 
otherwise the business of the patent office would 
not have so wonderfully increased ; and that 
our system of granting patents is sound, else it 
Avould not have become as popular, as the report 
above referred to, shows it to be. 

HOW TO APPLY FOR AND OBTAIN A PATENT. 

Every person, desirous of obtaining a^patent 
for a new and original invention, should pre- 
pare a model by which the invention is clearly 
illustrated. This model must not exceed one 
foot in length or width, and need not be a work- 
ing model, though it is preferable so to have it^ 

If the invention does not admit of illustra- 
tion by model, or relates to some improvement 
in chemistry or to a new process, a specimen of 
the improved product should be furnished. 



12 

The model or specimen should be sent by ex- 
press or brought to our office, unless another 
.uttorney is preferred. 

In a separate letter should be sent, to the 
same address, a full description of the invention, 
pointing out its advantages, &c., and the first 
^government fee of $15 inclosed therein, unless 
the applicant can call in person at the office. 
Should it appear that the invention is merito- 
:rious and a proper subject for a patent, the 
papers will be joromptly prepared and submitted 
to the applicant for his approval, signature and 
oath, whereupon the usual attorney's fee of $25 
will be due. After the papers are dulj signed 
liind sworn to, and the attorney's fee paid, the 
iipplication is forwarded to the Patent Office and 
there examined. 

If the patent is granted, the applicant is noti- 
fied of the fact, and has to pay the second gov- 
ernment fee of $20, within a reasonable time 
{six months), which payment insures the issue 
and delivery of the patent. 

It will thus be seen, that the entire 

COST OF A PATENT 

as, if the invention is not too complicated, al- 
itogether, sixty dollars. 

From these sixty dollars the Government 



13 

receives thirty-five, while the attorney's charge 
for the preparation of the drawings and specific 
cations and for attention to the prosecution of 
the application is twenty- five dollars. 

But if the invention is complicated and con- 
sumes more than the average amount of time 
and labor, in preparing drawings and papers,, 
the attorney's fee will be correspondingly in- 
creased. 

The cost of the patent is thus, as follows : 

First government fee $15 

Attorney's fee, including cost of preparing 

drawings and specifications 25 

Second government fee, payable when the 

patent is allowed 20 

$60 
Thus, at an outlay of but sixty dollars, a pat- 
ent may be obtained, which, if the invention is 
meritorious, may yield a fortune. 

There is certainly no safer and more profit- 
able investment than a patent for a novel and 
useful invention, nor one more easily accessible 
to all classes of the people. 

If an application for a patent is finally and 
definitely rejected on the ground that the same 
invention has been actually shown in some- 
former patent or printed publication, the appli- 



H 

cant will not have to pay the second govern- 
ment fee of 820, but he will forfeit the first 
government and the attorney's fee. When 
competent aid is solicited, the loss of these fees 
is very improbable, as it is generally, though 
not alwa3'S, within the power of a zealous attor- 
ney to inform himself in advance of the actual 
state of the art to which the application in- 
trusted to him belongs. 

PROCEEDINGS IN WASHINGTON. 

When an application for a patent reaches the 
United States Patent Office, the papers and 
model are first inspected, to ascertain whether 
they are executed and prepared in accordance 
with law and with the prescribed rules. If 
found to be correct, the inventor or his attorney 
is notified, that the application is duly filed, and 
that it will be examined in its order. 

It is thereupon assigned to the examiner of 
that class of mechanics or chemistry, to which 
the invention pertains, as each examiner has a 
specific class under his supervision. When the 
examiner reaches the application in its order, 
he compares itjcarefally with patents, caveats, 
and publications embracing the same class of 
iirticles, to find whether the alleged invention 
Jias or has not been previously known. 



If lie finds the invention to be entirely new, 
and to be properly described, illustrated and 
claimed, he notifies the inventor (or his attorney) 
that the application has been examined and al- 
loA\^ed, and that it will be passed for issue on 
receipt of the last Government fee of S20. 

Upon receipt of this letter, or within six 
months from the date of same, the inventor may 
send to the attorney or the Patent Office, the 
said fee of 820, whereupon the patent will be 
issued and duly delivered to him. 
^ If, however, upon examination, the examiner 
finds that the alleged invention is anticipated in 
whole or in part^ by previous publications, 
patents, or devices, he refers the inventor to 
such patents and rejects the application. 

The inventor or his attorney may now com- 
pare his invention with the references cited by 
the examiner, and ascertain in what point, if 
any, it differs therefrom. 

If he finds an important difference, he may 
point it out to the examiner, and pray for a re- 
consideration, or he may amend his application, 
so as to eliminate from it all that is shown to 
be old, and retain and claim the remaining new 
matter. The examiner will then, without ad- 
ditional cost, re-examine the application upon 
the argument or amendment submitted to him, 



i6 



and, if he is satisfied that the invention under 
consideration no longer interferes with other 
devices, will allow the patent. But if he still 
holds the application to be anticipated, he may 
again reject the application. 

If the application has been twice rejected by 
the examiner upon the same ground, it is re- 
garded as finally rejected, and the only remedy 
of the inventor to secure a patent is to 

APPEAL. 

Every applicant for a patent or the reissue of 
a patent, any of the claims of whicli have been 
twice rejected upon the same reference, may, if 
he should, fail to agree with the primary ex- 
aminer as to the propriety of the rejection, ap- 
peal from his decision to a Board of Examiners- 
in-chief. This board is composed of three ex- 
aminers, specially selected for their superior 
legal and mechanical knoAvledge and attain- 
ments, and appointed to their office by the 
President of the United States. The Govern- 
ment fee for every such appeal is ten dollars. 

The board looks carefully into the applica- 
tion, and considers in support thereof written or 
oral arguments of applicant's attorney, where- 
upon it will either reverse the primary examin- 
er's decision or affirm the same. If the board 



17 

reverses the decision the application will be 
allowed and the patent issned on payment of 
the second government fee ; but if the board 
affirms the decision of the examiners, the in- 
ventors must, if he still deems his invention 
patentable, appeal to the Commissioner of Pat- 
ents in person. The Government fee for this 
appeal is twenty dollars. 

If the commissioner again rejects the applica- 
tion, an appeal may be taken to the Supreme 
Court of the District of Columbia, under special 
rules prescribed by said court. 

Appeals in patent cases should not be care- 
lessly prepared, as the experience of the examin- 
ers with inventions and with the rules of the 
Patent Office, and with the law as defined by 
said rules, is very extensive. The decisions of 
nearly all examiners should therefore be treated 
with respect, and are to some extent prima facie 
evidence of the matters set forth therein. That 
is to say, the invention is regarded as 7iot patent- 
able, if the examiner has so stated, and the ap- 
plicant on appeal must assume the burden of 
proof to the contrary, before he can succeed in 
the application. The attorney's charge in ap- 
peal cases must therefore vary according to the 
nature of each case, and is necessarily a matter 
of special agreement. 



rS 

MODELS. 

Eyery iuveritioii which admits of illustration 
by a model should be embodied into one. 

This model must not exceed one foot in 
length, and should be neat and tasteful in exe- 
cution. 

Wooden models should preferably be made af 
black walnut, or other handsome wood; metal- 
lic models of brass. It is best if the inventor 
can have his model made at home, but if this is 
not possible or practicable, we will recommend 
responsible model-makers upon application to 
that effect. 

About one hundred i'lnd seventy-five tliou- 
sand models of inventions are contained in the 
model-rooms of the United States Patent Office 
and there publicly exhibited. 

A model is not only necessary to aid in the 
explanation of an inventions upon the filing of 
an application for a patent, but is very valuable 
after the parent has been granted in enabling 
the courts and the Patent Office to clearly inter- 
pret the scope of the patent in cases of legal 
controvei'sy, or in applications for reissues or 
corrections ot patents. And even after the ex- 
piration of a patent the model will be of valuer 
in illustrating to the public the devices which 
it has a right to make, use and selL 



19 

THE ( ENTEXMIL EXHIBITIOX. 

The Commissioners' Report for the year 1876 
contains the following : 

" The disphiy made at the Exposition by the 
Patent Office was creditable in every respect, and 
excited gc?neral attention. Abont 5,000 models 
of inventions, representing the leading branches 
of the arts and mannfactnres, were exhibited in 
snitable cases, and properly labeled, the varions 
publications of the office were displayed, its 
practice fully explained to all inquirers, and 
copies of the patent laws and the office regula- 
tions and forms freely distributed. 

" Tlie knowledge of our patent system thus 
imparted to foreigners and all others, unable to 
visit Washington, has more than repaid the small 
cost attendant upon the representation. 

" The exhibits were sent from and returned to 
the office with scarcely any damage being suf- 
fered. 

" But the array of models &c., made by the Pa- 
tent Office at the Exposition was not needed to 
illustrate the value of our patent practice. The 
wisdom of that system was demonstrated in the 
most practical and triumphant manner in 
nearly every branch of that munificent entei*- 
prise, not only in the grand display of labor- 
saving machinery, but in the vast collection of 



20 



nianufactiired articles, and even in the depart- 
ment of fine arts were seen tho fruits of that 
provision in our Constitution, giving to Congress 
the power to promote the progress of sci'^nce 
and the useful arts, by securiug ibr limited times 
to authors and inventors, the exclusive right to 
their respective writings and discoveries." 

A like gratifying result was achieved by the 
x\meric;in inventors, who exhibited their devices 
in the Paris Exposition and carried away the 
principal prizes. 

Whatever persons liniy do in an imaginary 
*' perfect state of society '^ in sharing with others, 
without recompense, tlie fruits of their labor, it 
must be ai)parent that the wonderful growth of 
the useful arts in this country is thus far due to 
the protection given by our government to prop- 
erty in invention, a property as sacred as any 
other class of propjrty, and whose value is usu- 
ally determined like that of all other property, 
the ])rocluct of human hands or braius, by the 
amount of veritable skill involved in its produc- 
tion. 

GOING TO WASHINGTON, 

Many invent(.rs bel.eve that by a personal 
visit to Washington, and by their attempts to 
push their appplications in the Patent Office, 
their interest will be improved. This expecta- 



21 



tion Avill hardly ever be realized. The routine 
of the Patent Office is such that personal eifort-s 
will, or at least should, count for nothing. The 
object of engaging the services of a competent 
attorney is not to gain time, for every case is 
taken up in its turn, bui to insure a proper rep- 
resentation of the case, both, when the same is 
first submitted and also when it is to be prose- 
cuted in the fixce of a rejection. The expense 
which is connected with a trip to Washington 
is therefore usitally an absolute waste, as resort 
to an attorney must, in nearly all cases, be 
finally had before a patent can be issued. 

REJECTED APPLICATIONS. 

If an application, improperly conducted, 
either by the inventor himself or by an incom- 
petent agent, is rejected, although the inven- 
tion is meritorious and should by right deserve 
a patent, a copy of the application and of all 
the proceedings before the Patent Office should 
be sent to our office, together with a powei* 
of attorney, to enable us to properly prosecute 
the application and to present it in its true 
light. We first give our opinion as to the pro- 
priety of proceeding further with such cases, and 
always decline to take them in charge, unless 
they present features of merit and of novelty. 



22 



The attorney's charge for prosecuting such 
applications is usually twenty-five dollars. 

PRULIMIINARY EXAMENATION. 

Before applying for a patent a preliminary ex- 
amination into the records of the Patent Office 
may be made, to ascertain whether the invention 
is probably new and patentable. Such an exam- 
ination is usually ordered at the cost ot only 
five dollars. 

If an examination of this kind is desired, a 
brief description of the invention, together with 
the fee, should be remitted to us. We will then 
search and reader a report, stating whether we 
consider the invention new or not. 

In the latter case we give our reasons for the 
opinion. 

These examinations are, however, owing to 
the comparatively superficial search which can 
be made for the smnll fee of five dolhirs, not ab- 
solutely rel able, and do not extend into loreign 
patents or i)ublica':ions. They are confined to 
American patents ; but more extensive searches 
can, of course, be made for a correspondingly 
increased fee, which parties engaged in hnportant 
enterprises are usually Avilling to invest, pro- 
vided they have reason to believe that the attor- 
ney will return honest effort for their money. 



23 

Every invention can, by its inventor, be as- 
signed in whole or in part to others, before or 
after the issue of the patent. It is a matter of 
every day occurrence that an inventor, if his 
means do not suffice, assigns to another a share 
«uch as one-half, one- third, or the like, of his 
invention and of a patent that may be granted 
therefor, so as thus to obtain the means necessary 
for preparing a model and securing a patent, 
perhaps also for starting a new manufacture 
under the patent. 

Assignments and agreements relating to 
patents will be carefully prepared at our office. 

The cost of an ordinary assignment, including 
the fee for recording it in the Patent Office, 
is five dollars. 

The cost of an agreement diflfers with its length, 
and with the importance of the matter involved, 
as the responsibility of the attorney increases 
in corresponding degree. All assignments of 
inventions or patents should be recorded within 
three months after the dates of their execution. 

If the assignment is executed and recorded 
before the patent is allowed, or, in fact, at any 
time before the second Government fee of $20 
is paid, the patent will issue to the assignee. 

Before executing any assignment the inventor 



24 

slionld always consult a competent attorney, 
who will guard him against the commission of 
errors which haye proved fatal to many, Avho 
were over-confident in their own knowledge of 
the Patent Law. 

A DESIGN pate:\t 

is granted to any person, whether a citizen or 
alien, who, by his own industry, genius, f^fforts 
and expense, has invented or produced a new 
and original design for a manufacture, bust, 
statue, alto-relievo, a bas-relief, any new and 
original design for the printing of woolen, silk, 
cotton, or other fabrics; any new and original 
impression, ornament, pattern, print, or picture 
to be printed, painted, cast, or otherwise ])laced 
on or worked into any article of manufacture, 
or in sliort any new or original shtipe or con- 
figuration of any article of manufaclure. 

A design patent, in contradistinction to a 
mechanical patent, is granted ibr the new orna- 
mentation, pattei-n or sha])e of an article, and 
not for its mechanical merits. 

Such patents are Irecjuently taken for new 
carpet-patterns, lace fabrics, for ornamental 
castings, glassware, and the like, to ])revent tlie 
imitation of the new designs embodied therein. 

A design patent is granted ior the term of 3^, 



25 

T or 14 years, as the applicant may elect. The 
Government fee for a 3^ years^ design patent is 
$10; for a 7 years' design patent, $15, and for 
a 14 years' design patent, $30. 

The attorney's fee is nsnally $15, unless draw- 
itigs of the designs have first to be made, which 
may render the application more costly. Usually, 
however, the entire cost of a design patent is 
either $25, $30 or $45, according to the length 
of time for w^hich it is taken. 

AYhen the design can be sufficiently repre- 
sented by photographic illustrations, twelve such 
photographs should be furnished, or the article 
itself may be sent to our office, so that we may 
have proper drawings prepared. 

To apply for a design patent, a model, draw- 
ing or photograph ol the invention should be 
furnished to the attorney, together with the 
fees above mentioned. We w^ill then proceed 
as with an application for a mechanical patent. 

RE-ISSLES. 

A re-issue is granted to the original patentee 
(or to his legal representatives, if the inventor 
is dead), or to his assignees, when by reason of 
a defective or insufficient specification in the 
original patent, the same is inoperative or in- 
valid or does not secure to the owner the full 



26 

protection which the invention should receive. 
The old patent will, in that case, be canceled 
by the Patent Office and a new and revised 
patent for the same invention issued tor the 
unexpired term of the original patent. The 
government fee for a re-issue is $oO, payable in 
advance ; the attorney's charge usually $30, 
making the entire cost $60. 

In order to obtain a re-issue the original pat- 
ent should be remitted to our office, together 
with the fee, and with a statenit nt, showing in 
what particu ars the patent is regarded defective. 
If we agree to take charge of the case, we will 
have the papers i)roperly prepared and remitted 
to the api)licant lor approval and signature; 
whereu[)on the application is forwarded to 
Washington, together with the old patent If 
the re-issue is refused, the old patent will be re- 
turned. If, however, the re-issue is granted, the 
old patent is cancelled. 

In cases Avhere moie than one ins^ention is 
included in one patent, re-issues thereof may be 
taken in several divisions, in which case every 
division will constitute a new and complete 
patent. The cost of each division is equal to 
that of a single re-issue. Before guits for in- 
fringements of patents are commenced, it is 
usually advisable to request a competent attor- 



27 

ney to carefully scrutinize the patent to ascer- 
tain whether it is defective, and to correct any 
defects he may discover, by re-issue, as other- 
wise the suits may be lost owing to infor- 
malities in the patents upon which they are 
based. 

CATEATS. 
A caveat is a limited protection whereby dur- 
ing one year the inventor is entitled to receive 
official notice of every application which may 
be filed by others, during said year, for a patent 
for the same invention as that described in the 
caveat. A caveat is usually filed while an in- 
ventor is still experimenting on his invention, 
and before he has the same in proper shape to 
apply for a patent, and its object is to prevent 
other parties, pending such experiments, from 
obtaining a patent for the same invention. If, 
during the year, another person applies for a 
patent with which such caveat would in any 
manner conflict, the application will be sus- 
pended and notice thereof sent to the caveator, 
who, if he shall file a complete application with- 
in three months after receiving the notice, will 
be entitled to an interference with the previous 
application for the purpose of proving priority 
of invention, and obtaining the patent if he be 
ndiudged the first inventor. A caveat can only 



28 

he filed by a citizen of the United States, or by 
a foreigner who has resided in the United 
States at least one year previous to the applica- 
tion, and has declared his intention of becom- 
ing a citizen. 

The government fee for filing a caveat is 
110; the attorney's fee usually $15, making the 
total cost of a caveat $25. For filing a caveat 
a description and sketch of the invention should 
be furnished and remitted with the fee to our 
office, 258 Broadway, New York. 

TRADE MARKS. 

A trade mark is a mmie, sign or symbol 
adonted by corporations, firms, or persons in 
business, to distinguish their goods from goods 
of the same class, but of other manufacturers 
or dealers. 

Trade marks can be registered in the United 
States Patent Office, and will thereby be brought 
under the jurisdiction of the United States 
courts, to facilitate the prosecution of imita- 
tors, and prevent the publication of counter- 
feits of the registered marks by unauthorized 
l)arties. 

Trade marks properly registered afford a very 
powerful protection to their ow^ners, and should 
oe registered by all parties whose business is of 



29 

sufficient importance to warrant the outlay con- 
nected with the registration. 

The law of August 14, 18?6, provides that every 
person who shall, Avith intent to defraud, deal in, 
or sell, or keep goods of substantially the same 
descriptive prO[)erties as those referred to in the 
registration of a trade mark, to which a fraudu- 
lent imitation of said trade mark is affixed, shall 
be punished by a fine not exceeding oue thou- 
sand dollars or imprisoned not more than two 
years, or both such fine and imprisonment. 

It will thus be seen that the courts are au- 
thorized to extend pow^erful protection to the 
owners of trade marks and severely to punish 
-counterfeiters. 

As many as nine hundred and fifty-nine trade- 
marks w^ere registered during the year 1876 ; 
over fourteen hundred in 1878. A trade mark 
can only be registered by a person or firm domi- 
ciled in the United Spates, or by a corporation 
created by the authority of the United States, 
or of any State or Territory thereof, or by any 
person, firm, or corporation resident of or 
located in any foreign country, which by treaty 
or convention affords a similar privilege to 
citizens of the United States. Thus far, these 
countries are England, Germany, France, Rus- 
sia, B'jlo-ium and Austria. 



30 

The government fee for registering a trade 
mark is $25 ; the attorney's iee, nsnally ^15, 
In order to register a trade mark, twelve copies 
of the mark, together with a statement contain- 
ing the names of the members of the firm, their 
places of residence and the citizenship of each 
member ; also the length of time for which the 
trade mark has been nsed. and theclass of goods 
to which it is applied, shonld be furnished us, 
together with the fee of 140. The papers will 
then be properly prepared and forwarded for 
signature, and afterward submitted to the Pat- 
ent Office. After the registration of a trade- 
mark has been allowed, a certificate setting forth 
the facts relating to the registration and accom- 
panied by a copy of the trade mark, under the 
seal of the Patent Office, will be delivered to 
the applicant. By a new rule of the Patent 
Office, the fee for registering a trade mark may 
be paid in two installments, viz., $10 upon 
filing the application, and $15 after the same 
has been allowed. 

LABELS AND PRINTS. 

Labels and prints which are applied to goods 
and merchandise to designate their quality, etc., 
n7id loliich do not contain a trade mark, may 
be registered under the copyright law in the 



31 

United States Patent Office. The government 
fee for snch registration is 8^, and tlie attor- 
ney's fee nsually $9, together §15, which shonld 
be paid on making the application. 

For registering a label or print, seven copiers 
thereof should be sent to onr office, together 
with the fee, whereupon the papers will be duly 
prepared. 

Printers, lithographers and designers of new 
labels or prints can register the same as snch^ 
and w^ill find it to their advantage so to do, in 
order to avoid imitation by other printers. 
But dealers in articles of manufacture will de- 
rive little benefit from such registration, their 
protection being under the law relating to 
trade marks, not under the copyright law. 

COPYRIGHTS. 

Any citizen of the United States or resident 
therein w^ho is the author, designer or proprietor 
of a new book, map, chart, musical composition, 
engraving, drawirg, statue or other w^ork of 
art, may obtain a copyright for the same, in 
order to prevent others from imitating his pro- 
duction. Copyrights are of importance to dra- 
matists, musical composers, authors, and artist?, 
as they insure to them the exclusive right to re- 



32 

produce tlieh' productions. In fact, were it not 
i\}V the Copyright Laws, id author in the United 
States could prevent others in this country from 
copying and reproducing his works as soon as 
published, and it would be a very unprofitable 
business to waste time in the production of a 
new work which could be published and repro- 
duced by others, who did not share the effort of 
its production. It is, therefore, to tlie Copyright 
l^aws, that we are said to be indebted for the 
growth of literature and the fine arts in this 
country. If this growth is not in keeping with 
tlie expectations of the people, it is due princi- 
pally to the very narrow-minded policy, em- 
bodied in the same law, of excluding foreigners 
from the enjoyment of a coi^yright in the United 
States. Consequence is, that American pub- 
lishers may and do copy the best products of 
English literature, iclthont paying any compe7i' 
sat ion to their authors, ^nd that they are conse- 
quently unwilling to publish works of American 
origin, on which royalties would have to be paid. 
Thus the American nuthor is discouraged, and 
a system, which was intended to foster home- 
industry, is a most effective means of suppressing 
home development of fine arts and literature. 
Redress for this evil can only be expected when 
Congress shall pay less deference to wealthy 



Look-sellers than to the true welfare of the 
nation. 

Copyrights are registered by the Librarian of 
Congress, and are granted for the term of twenty- 
eight years, which may be extended for fourteen 
more years. 

In order to secure a copyright, a printed copy 
of the title of the book or other article to be 
copyrighted, or a description of the painting, 
drawing, statue, or design for a work of the fine 
arts, for which the copyright is desired, must be 
>ent to the Librarian of Congress before publi- 
cation, and within ten days from the publication, 
two copies of such book, or of the photograph 
of the painting, drawing, statue or design, 
must also be forwarded. 

Through our establishment a number of copy- 
rights has been secured. 

The fee in each case is six dollars, which in- 
cludes the Government fee of 81, and should be 
forwarded to us, together with a copy of the title 
or a description of the work to be copyrighted, 
and with the name or names of the owners. The 
case will then be duly attended to. After pub- 
lication, the two copies or photographs of the 
article to be copyrighted, should also be sent to 
us. 

Copyrights are assignable by an instrument of 



34 

writing; such assignment must be recorded in 
the office of the Librarian of Congress within 
sixty days after its execution, in default of which 
it is void against any subsequent purchaser or 
mortgagee for a vahiable consideration without 
notice. 

Our charge for drawing and recording a copy- 
right assignment is usually five dollars; this 
fee may, however, vary according to the circum- 
stances of each case. 

FOREIGN PATENTS. 

American inventions are much sought after 
in Canada, England, France, Germany, Belgium 
and other foreign countries, and patentees fre- 
quently realize large profits from patents for 
their inventions in these countries. 

A Canadian patent will prevent the imitation 
of the invention in the neighboring Provinces. 
We are, by good connections in London, Berlin, 
Paris, Vienna, Madrid and Montreal, prepared 
to make applications for patents in all foreign 
countries, and to properly represent the inter- 
ests of the inventors as far as securing their 
patents in foreign countries is concerned. 

The rates of foreign patents will be furnished 
upon special inquiry ht our office. No. 258 
Broadway, New York. 

As English, German and Spanish patents are 



35 

granted to the first introducers, to the exclusion 
of the first inventors, it will be to the interest 
of the true inventor to apply for the English, 
Oerman and Spanish patent before the Ameri- 
can patent is issued and published; otherwise, 
the publication of the United States patent in 
the Official Gazette may invalidate the English 
as well as the German or Spanish patent sub- 
sequently obtained. 

The taking out of a patent in a foreign coun- 
try does not prejudice a patent previously ob- 
tained here ; nor does it prevent the obtainment 
of a patent here, subsequent to the foreign 
patent, unless the invention shall have been in- 
troduced into public use in the United States 
for more than two years prior to the application. 
But when a patent is taken out in this country 
for an invention previously patented abroad, 
the American patent will expire at the same 
time with the foreign patent, or, if there be more 
than one, at the same time with the one 
having the shortest term. The best course 
which an inventor can pursue, therefore, who 
wishes to obtain patents in this and in foreign 
countries, is to apply for the United States 
patent first, and after the same has been allowed, 
but before it is issued, to apply for the foreign 
patents. 



36 

I^TERFERE^CE CASES. 

When two or more parties have apphcations 
for patents for the same invention pending be- 
fore the Patent OflBce at the same time, or 
when an applicant, having been rejected upon 
any nnexpired patent, claims to have made the 
invention before the patentee, an interference 
will be declared in order to ascertain who is the 
first and original inventor of the matter in con- 
troversy. An interference is, therefore, a pro- 
ceeding before the Patent Office, instituted for 
the purpose of determining the question of 
priority of invention between tw^o or more par- 
ties who claim the same patentable subject mat- 
ter. Interference suits must be very carefully 
conducted, and usually require the services of 
skilled and experienced attorneys. It frequently 
happens that different parties have made the 
same invention, at nearly the same time, or that 
a party applies for a patent for an article which 
he has seen another person construct or invent, 
and which, nevertheless, he fraudulently seeks 
to appropriate to liimself. It is in such cases a 
matter of great difficulty to ascertain and prove 
to the Patent Office who is the prior and true 
inventor, and who the mere imitator. 

Interference cases should therefore be in- 
trusted only to trustworthy attorneys. 



37 

The proceedings in an interference case are 
as follows : 

Before the declaration of an interference, the 
issue must be clearly defined, the invention 
must be decided to be patentable, and the appli- 
cation put in such condition as to require no 
subsequent alterations. 

Each party will tliereupon be required to file 
a brief statement under oath^ showing the date 
of the original conception by him of the subject 
matter in controversy, the date of its comple- 
tion, and other details pertaining to the history 
of the invention. These statements are sealed 
and sent to the Patent Office, where they are 
opened by the Examiner of Interferences, who 
thereupon declares the interference proper, and 
orders the several parties thereto to examine 
witnesses and take other proofs, in order to show 
and prove to the Patent Office the truthfulness 
of the preliminary statements filed by them. 
After all the proofs have been duly taken, a 
henring is had in Washington before the Ex- 
aminer of Interferences, at which the attor- 
neys for the parties are allowed to speak, and 
their arguments in favor of their clients will be 
received. Thereupon and after carefully con- 
sidering the testimony and the arguments of the 
various parties- the Examiner of Interferences 



38 

renders his decision in fayor of the party whom 
he believes the first and original inventor of the 
subject matter in controversy. 

Two appeals may be taken from his decision 
by the party or parties against whom the de- 
cision is rendered, one to the Board of Exam- 
iners in chief, and another to the Commis- 
sioner of Patents in person. 

The party who is finally adjudged to be the 
true inventor of the subject matter involved^ 
will be entitled to and will receive the patent. 

Various well established rules govern the 
manner in which the testimony is to be taken ^ 
and the proceedings, in case one party fails to 
file a preliminary statement, or to take any 
testimony whatsoever, all of which can only be 
ascertained by experience and practice. 

The cost of interference suits differs, of course^ 
with the amount of testimony and with the 
labor involved in the case. Sometimes, when 
parties have a clear and strong case, it is not 
necessary to take much testimony; but fre- 
quently a large amount of proofs must be 
taken. 

Parties who are thrown into interference con- 
troversies should submit their cases to us before 
filing their preliminary statements, as the 
propriety of the interference cannot be ques- 



39 

tioned after the filing of said statements, and 
also because the preparation of the preliminary 
statement itself requires careful study, the par- 
ties being bound thereto in their proofs subse- 
quently taken. 

AN INFRINGEMENT SUIT 

is brought in the United States Court by the 
owner of a patent in order to restrain others 
from infringing upon his patent, and from fraud- 
ulently imitating the patented articles. The 
patentee, if he proves his case, will be entitled 
to collect from the infringer the costs of the 
suit and the damages sustained by the infringe- 
ment, or the profits made by the infringer, or 
both damages and profits ; he will also be en- 
titled to an injunction against the imitator. 

As infringement suits are usually of great 
importance, and involve large interests, it is 
necessary to select proper counsel for conduct- 
ing these suits. 

Further information may be obtained by ad- 
dressing or calling at our office, 258 Broadway, 
New York. 

All communications strictly confidential. 

A. Y. BEIESEN, 
Attorney in Patent Cases, 



40 



THE PATENT LAW. 



Section 4883. All patents shall be issued in the name of the 
United States of America, under the seal of the Patent Office, and 
shall be signed by the Secretary of the Interior and countersigned 
by the Commissioner of Patents, and they shall be recorded, to- 
gether with the specifications, in the Patent Office, in books to be 
kept for that purpose. 

Sfx. 4884. Every patent shall contain a short title or description 
of the invention or discovery, correctly indicating its nature and 
design, and a grant to the patentee, his heirs or assigns, for the 
ttrm of seventeen years, of the exclusive right to make, use and 
Vend the invention or discovery throughout the United States, and 
the Territories thereof, referring to the specification for the particu- 
lai 8 thereof. A copy of the specification and drawings shall be an- 
nexed to the patent and be a part thereof. 

Sec. 4885. Every patent shall bear date as of a day not later than 
six months from the time at which it was passed and allowed and 
notice thereof was sent to the applicant or his agent ; and if the 
final fee is not paid within that period the patent shall be withheld. 

Sec. 4886. Any person who has invented or discovered any new 
and useful art, machine, manufacture or composition of matter, or 
any new and uselul improvement thereof, not known nor used by 
others in this country, and not patented or described in any printed 
] ublication in this or any foreign country, before his invention or 
discovery thereof, and not in public use or on sale for more than 
two years prior to his application, unless the same is proved to have 
been abandoned, may upon payment of the fees required by law, 
and other due proceediugs had, obtain a patent therefor. 

Sec. 4887. No person shall be debarred from receiving a patent 
for his invention or discovery, nor shall any patent be declared in- 
valid, by reason of its having been first pateLted or caused to be 
patented in a foreign country, unless the same has been introduced 
into public use in the United States for more than two years prior 
to the application. But every patent granted for an invention 
which has been previously patented in a foreign country shall bo so 
limited as to expire at the same time with the foreign patent, or, if 
there be more than one, at the same time with the one having the 
shortest term, and in l.o case shall it be in force more than seven- 
teen years. 

Sec. 4888. Before any inventor or discoverer shall receive a patent 
for his invention or discovery, he shall make application therefor, 
in writing, to the Commissioner of Patents, and shall file in the 
Patent Office a written description of the same, and of the manner 



4l 



aud process of makiu-^, constructiug, compounding, and using it, in 
such full, clear, concise, and exact terms as to enable any person 
skilled in the art or science to which it ax)pertains, or with which it 
is most nearly conne<:ted, to make, construct, compound, and use 
the same ; and in case of a machine, he shall explain the principle 
thereof, and the best mode in \%hich he has contemplated applying 
that principle, so as to distinguish it from other inventions ; and he 
shall particularly point out and distinctly claim the part, improve- 
ment, or combination which he claims as his invention or discov- 
ery. The specification and claim shall be signed by the inventor 
and attested by two witnesses. 

Sec. 4889. When the nature of the case admits of drawings., the 
applicant shall furnish one copy signed by the inventor or his attor- 
ney in fact and attested by two witnesses, which shall be filed in the 
Patent Office ; and a copy of the drawing, to be furnished by the 
I'atent Office, shall be attached to the patent as a part of the siDeci- 
fi cation. 

Sec. 4890. "When the invention or discovery is of a composition of 
matter, the ap: licant, if required by the Commissioner, shall fur- 
nish specimens of ingredients and of the composition, sufficient in 
quantity for the purpose of experiment. 

Sec. 4891. In all cases which admit of representation by model, 
the applicant, if required by the Commissioner, shall furnish a 
model of convenient size to exhibit advantageously the several 
l^art^ oi his invention or discovery. 

Sec. 4892. The applicant shall make oath that he does verily be- 
lieve himself to be the original and first inventor or discoverer of 
the art, machine, manufacture, composition, or improvement f3r 
which he solicits a patent ; that he does not know and does not be- 
lieve that the same was ever before Unown or used ; and shall state 
of what country he is a citizen. Such oath may be made before any 
person within the United States authorized by law to administer 
oaths, or when the applicant resides in a foreign country, before any 
minister, charge d'affaires, consul, or commercial agent, holding 
commission under the Government of the United States, or before 
any notary public of the foreign country in which the applicant 
may be. 

Sec. 4893. On the filing of any such application and the payment 
of the foes required by law, the Commissioner of Patents shall 
cause an examination to be made of the alleged new invention or 
discovery ; and if on such examination it shall appear that the 
claimant is justly entitled to a patent under the law, and that the 
same is sufficiently useful and important, the Commissioner shall 
issue a patent therefor. 

Sec. 4894. All applications for patents shall be completed and pre- 
pared for examination within two ye.irs after the filing of the ap- 
plication, and in default thereof, or upon failure of the applicant to 
prosecute the same within two years after any action therein, of 
which notice shall have been given to the applicant, they shall be re- 
garded as abandoned by the parlies thereto, unless it be shown to 
the satisfaction of the Commissioner of Patents that such delay 
was unavoidable. 



42 

Sec. 4895. Patents may be granted and issued or reissued to the 
assignee of the inventor or discoverer ; but the assignment must 
first be entered of record in the Patent Office. And in all cases of 
an application by an assignee for the issue of a patent, the applica- 
tion shall be made and the specification sworn to by the inventor or 
discoverer; and in all cases of an application for a reissue of any 
patent, the application must be made and the corrected specification 
signed by the inventor or discoverer, if he is living, unless the pat- 
ent was issued and the assignment made before the eighth day of 
July, eighteen hundred and seventy. 

Sec. 4896. When any person, having made any new invention or 
discovery for which a patent might have been granted, dies before a 
patent is granted, the right of applying for and obtaining the patent 
shall devolve on his executor or administrator, in trust for the heirs 
at law of the deceased, in case he shall have died intestate ; or if he 
shall have left a will disposing of the same, then in trust for his 
devisees, in as full manner and on the same terms and conditions 
as the same might have been claimed or enjoyed by him in his life- 
time; and when the application is made by such legal representa- 
tives, the oath or affirmation required to be made shall be so varied 
in form that it can be made l)y them. 

Sec. 4897. Any person who has an interest in an invention or dis- 
covery, whether as iuveutor, discoverer, or assignee, for which a 
patent was ordered to issue upon the payment of the final fee, but 
who failSj to make| payment thereof within six months from the 
time at which it was passed and allowed, and notice thereof was 
sent to the applicant or his agent, shall have a right to make an ap- 
plication for a patent for such invention or discovery the same as in 
the case of an original applicaiion. But such second application 
must be made within two years after the allowance of the original 
application. But no person shall be held responsible in damages 
for the manufacture or use of any article or thing for which a patent 
was ordered to issue under such renewed application prior to the 
issue of the patent. And upon the hearing of renewed applications 
preferred under this section, abandonment shall he considered as a 
question of fact. 

Sec. 4898. Every patent or any interest therein shall be assignable 
in law by an instrument in writing; and the patentee or his assigns 
or legal representetives may, in like manner, grant and convey an 
exclusive right under his patent to the whole or any specified part of 
ihe United States. An assignment, grant, or conveyance shall be 
void as against any subsequent purchaser or mortgagee for a valu- 
able consideration, without notice, unless it is recorded in the Pat- 
ent Office within three months from the date thereof. 

Sec. 4899. Every person who purchases of the inventor or dis' 
coverer, or with his knowledge and consent constructs any newly 
invented or discovered machine, of other patentable article, prior 
to the application by the inventor or discoverer for a patent, or who 
sells or uses one so constructed, shall have the right to use, and 
vend to others to be used, the specific thing so made or purchased, 
without liability therf for. 

Sec. 4900. It shall be the duty of all patentees, and their assigns 



43 

and legal representatives, and of all persons making or vending any 
patented article for or under them, to give sufficient notice to tlie 
public that the same is patented, either by fixing thereon the word 
"patented," together with the day and year the patent was granted, 
or when, from the character of the article, this cannot be done, by 
fixing to it, or to the package wherein one or more of them is in- 
closed a label containing the like notice ; and in any suit for 
infringement by the party failing so to mark, no damages shall be- 
recovered by the plaintiff, except on proof that the defendant was. 
duly notified of the infringement, and continued, after such notice^ 
to make, use or vend the article so patented. 

Sec. 4901. Every person who, in any manner, marks upon any- 
thing made, used, or sold by him for which he has not obtained i\. 
patent, the name or any imitation of the name of any person who 
has obtained a patent therefor, without the consent of such patentee- 
or his assigns or legal representatives ; or 

Who, in any manner, marks upon or affixes to any such patented^ 
article the word "patent" or "patentee," or the words "letters- 
pateDt," or any word of like import, with intent to imitate or coun- 
terfeit the mark or device of the patentee, without having the license 
or consent of such patentee or his assigns or legal representatives:, 
or 

Who, in any manner, marks upon or affixes to any unpatentecSi 
article the word *' patent " or any word importing that the same is- 
patented, for the purpose of deceiving the public, shall be liable,, 
for every such offense, to a penalty of not less than one hundred: 
dollars, with costs ; one half said penaly to the person who shall sue.- 
for the same, and the other to the use of the United States, to be- 
recovered by suit in any. District Court of the United States withitt 
whose jurisdiction such offense may have been committed. 

Sec. 4902. Any citizen of the United States who makes any new 
invention or discovery, and desires further time to mature the- 
same, may, on payment of the fees required by law, file in the Pat- 
ent Office a caveat setting forth the design thereof, and of its dis-^ 
tinguishing characteristics, and praying protection of his right until 
he shall have matured his invention. Such caveat shall be filed in^^ 
the confidential archives of the office and preserved in secrecy,, 
and shall be operative for the term of one year from the filing 
thereof; and if application is made within the year by any other 
person for a patent with which such caveat would in any manner- 
interfere, the Commissioner shall deposit the description, specifica- 
nou, drawings, and model of such application in like manner in the- 
confidential archives of the office, and give notice thereof, by mail,, 
to the person by whrm the c-dxeat was tiled. If such person de- 
sires to avail himself of his caveat, he shall file his description, 
specifications, drawings, and model within three months from the- 
time of placing the notice in the Post-office in Washington, with the- 
usual time required for transmitting it to the caveator added there- 
to; which time shall be indorsed on the notice. An alien shalt 
have the privilege herein granted, if he has resided in the United 
States one year next preceding the filing of his caveat, and has made 
oath of his intention to become a citizen. 
Sec, 4G03. Whenever, o i examination, any claim for a potent is^ 



44 

rejected, the Coiumissiuuer shall Dotifj^ the applicant thereof, giv- 
ing him briefly the reasons for such rejection, together with such 
information and references as may be useful in judging of the pro- 
l^riety of renewing his application or of altering his specification ; 
and if, after receiving such notice, the applicant persists in his 
claim for a patent, with or without altering his specifications, the 
€ommissioner shall order a re-examination of the case. 

Sec. 4904. Whenever an application is made for a patent which, 
in the opinion of the Commissioner, would interfere with any pend- 
ing application, or with any unexpired patent, he shall give notice 
thereof to the applicants, or applicant and patentee, as the case may 
be, and shall direct the primary examiner to proceed to d^ termine 
tlie question of priority of invention. And the Commissioner may 
issue a patent to the party who is arljudged the prior inventor, un- 
less the adverse party appeals from the decision of the primary 
examiner, or of the Board of Examiners-in-chief, as the cise may 
be, within such time, U' t less than twenty days, as the Commis- 
sioner shall prescribe. 

Sec. 4905. The Commissioner of Patents may establish rules for 
taking affidavits and depositiows required ia cahes pending in the 
Patent Office, and such affidavits and depositions may be taken be- 
fore any officer authorized by law to take depositions to be used in 
the courts of the United States, or of the State where the officer 
resides. 

Sec. 4906. The Clerk of any court of the United States, for any 
'district or Territory where'n testimony is to be taken for use in any 
contested case peuding in the Patent Office, shall, upon the applica- 
tion of any party thereto, or of his agent or attorney, issue a sub- 
poena for any witness residing or being within such disirict or Ter- 
ritory, commanding him to appear and testify before any officer in 
such district or Territory authorized to take depositions and affi- 
davits, at any time and place in the subpoena stated. But no wit- 
ness shall be required to attend at any place more than forty miles 
from the place where the subpoena is served upon him. 

Sec. 4907. Every witness duly subpoenaed and in attendance shall 
be allowed the same fees as are allowed to witnesses attending the 
courts of the United States. 

Sec. 4908. Whenever any witness, after being duly served with such 
subpoena, neglects or refuses to appear, or after appearing refuses 
to testify, the judge of the court whose clerk issued the subpoena 
may, on proof of such neglect or refusal, enforce obedience to the 
process, or punish the disobedience, as in other like cases. But no 
witness shall be guilty of contempt for disobeying such subpoena 
unless his fees and traveling expenses in going to, returning from, 
and one day's attendance at the place of examination, are paid or 
tendered him at the time of the service of the subpoena; nor for re- 
fusing to disclose any secret invention or discovery made or owned 
by himself. 

Sec. 4909. Every applicant for a patent or for the reissue for a 
patent, any of the claims of which have been twice rejected, and 
every party to an interference, may appeal irom the decision of the 
primary examiner, or of the examiner in charge of interferences in 



45 

such case, to the Board of Examiner s-in-chief, having oi:ce paid the 
tee for such appeal. 

Sec. 4910. If such party is dissatisfied with the decision of the 
Examiners-in-chief, he may, on payment of the fee prescribed, ap- 
peal to the Commissic ner in person. 

Si c. 4911. If such party, except a party to an interference, is dis- 
satisfied with the decision of the Commissioner, he may appeal to 
the Supreme Court of the District of Columbia, sitting in banc. 

Sec. 4912. When an appeal is taken to the Supreme Court of the 
District of Columbia, the appellant shall give notice thereof to the 
Commissioner, and file in the Patent Olfice, within such time as the 
Commissioner shall appoint, his reasons of appeal, specifically set 
forth in writing. 

Sec. 4913. The court shall, before hearing such appeal, give notice 
to the Commissioner of the time and place of the hearing, and on 
receiving such notice the Commissioner shall give notice of such 
time and place in such manner as the court may prescribe, to all 
parties who appear to be interested therein. The party appealing 
shall lay before the court certified copies of all the original paper.-^ 
and evidence in the case, and the Commissioner shall furnish the 
court with the grounds of his decision, fully set forth in writing, 
touching all the points involved by the reasons of appeal . And at 
the request of any party interested, or of the court, the Commis- 
rsioner and the examiners may be examined under oath, in explana- 
tion of the principles of the thing for which a patent is demanded. 

Sec. 4914. The court, on petition, shall hear and determine such 
appeal, and revise the decision appealed from in a summary w^ay, on 
The evidence produced before the Commissioner, at such early and 
convenient time as the court may appoint ; and the revision shall 
be confined to the points set forth in the reasons of appeal. After 
hea'ing the case the court shall return to the Commissioner a certi- 
ficate of its proceedings and decision, which shall be entered of 
record in the Patent Office, and shall govern the further proceedings 
in ihe case. But no opinion or decision of the court in any such case 
shall preclude any person interested from the right to contest the 
validity of such patent in any court wherein the same may be called 
in qtiestion. 

Sec. 4915. Whenever a patent on application is refused, either by 
the Commissioner of Patents or by the Supreme Court of the District 
of Columbia upon appeal from the Commissioner, the apiDlicant may 
have remedy by bill in equity; and the court having cognizance 
thereof, on notice to adverse parties and other due proceedings had, 
may adjudge that such applicant is entitled, according to law, to re- 
ceive a patent for his invention, as specified in his claim, or for any 
part thereof, as the facts in the case may appear. And such adjudi- 
cation, if it be in favor of the right of the applicant, shall authorize 
the Commissioner to issue such patent on the applicant filing in the 
Patent Otiice a copy of the adjudication, and otherwise complying 
with the requirements of law. In all cases, where there is no oppos- 
ing party, a copy of ihe bill shall be served on the Commissioner; 
and all the expenses of the proceedings shall be paid by the appli- 
cant, whether tne final decision is in bis favor or nut. 



46 



Sec. 4916. Whenever any patent is inoperative or invalid, by reason 
of a detective or insufficient specification, or by reason of the 
patentee claiming as his own invention or discovery more than he 
had a right to claim as new. if the error has arisen by inadvertence, 
-accident, or mistake, and without any fraudulent or deceptive inten- 
tion, the Commissioner shall, on the surrender of such patent and 
the payment of the duty required by law, cause a new patent for the 
isame invention, and in accordance with the corrected specification, 
to be issued to the patentee, or, in the case of his death or of an as- 
*>ignment of the whole < r any undivided part of the original patent, 
then to his executors, administrators, or assigns, for the unexpired 
part of the term of the original patent. Such surrender shall take 
effect upon the issue of the amended patent. The Commissioner 
may, in his discretion, cause several patents to be issued for distinct 
and separate parts of the thing patented, upon demand of tbe ap- 
plicant, and upon payment of the required fee for a reissue for each 
of such reissued letters patent. The specifications and claim in 
^very such case shall be subject to revision and restriction in the 
same manner as original applications are. Every patent so reissued, 
together with the corrected specification, shall have the same effect 
and operation in law, on the trial of all actions for causes thereafter 
arising, as if the same had been originally filed in such corrected 
form ; but no new matter shall be introduced into the specification, 
nor in case of a machine patent shall the model or drawings be 
amended, except each by the other; but when there is neither model 
nor drawing, amendments may be made upon proof satisfactory to 
the Commissioner that such new matter or amendment was a part of 
the original invention, and was omitted from the specification by 
inadvertence, accident, or mistake, as aforesaid. 

Sec. 4917. Whenever, through inadvertence, accident, or mistake, 
and without any fraudulent or deceptive intention, a patentee has 
claimed more than that of which he was the original or first in- 
ventor or discoverer, his patent shall be valid for all that part which 
is truly and justly his own, provided the same is a material or sub- 
stantial part of the thing patented; and any such patentee, his heirs 
or assigns, whether of the whole or any sectional interest therein, 
may on payment of the fee required by law, make disclaimer of such 
parts of the thing patented as he shall not choose to claim or to hold 
by virtue of the patent or assignment, stating therein the extent of 
his interest in such patent. Such disclaimer shall be in writing, 
attested by one or more witnesses, and recorded in the Patent 
Office; and it shall thereafter be considered as part of the original 
specification to the extent of the interest possessed by the claimant 
and by those claiming under him after the record thereof. But no 
such disclaimer shall affect any action pending at the time of its 
being filed, except so far as may relate to the question of unreason- 
able neglect or delay in filing it. 

Sec. 4918. Whenever there are interfering patents, any person in- 
terested in any one of them, or in the working of the invention 
claimed under either of them, may have relief against the interfer- 
ing patentee, and all parties interested under him, by suit in equity 
against the owners of the interfering patent; and the court, on 
notice to adverse parties, and other due proceedings had according- 



47 

to the course of equity, may adjudge and declare either of the pat- 
ents void in whole or in part, or inoperative, or invalid in any par- 
ticular part of the United States, according to the interest of the 
parties in the patent or the invention patented. But no such judg- 
ment or adjudication shall affect the right of any person except the 
parties to the suit and those deriving title under them subsequent to 
the rendition of snch judgment. 

Sec. 4819. Damages for the infringement of any patent may be 
recovered by action on the case, in the name of the party interester', 
either as patentee, at^signee, or grantee. And whenevfr in any such 
action a verdict is rendered for the plaintiff, the court may enter 
judgment thereon for any sum above the amount found by the ver- 
dict as the actual damage sustained, according to the circumstances 
of the case, not ex( ceding three times the amount of such verdict, 
together with the costs. 

Sec. 4920. In any action for infringement the defendant may plead 
the general issue, and having given notice in writing to the plainti ff 
or his attorney thirty days before, may prove, on trial, any one or 
more of the following special matters* 

First. — That for the purpose of deceiving the public, the descrip- 
tion and specification filed by the patentee in the Patent OfiBce w^s 
made to contain less than the whole truth relative to his invention 
or discovery, or more than is necessary to produce the desired 
effect; or, 

Second.— T'hAi he had surreptitiously or unjustly obtained the 
patent for that which was in fact invented by another, who was using 
reasonable diligence in adapting and perfecting the same; or, 

T trcf.— That it had been patented or described in some printed 
publication prior to his supposed invention or discovery thereof; or 

Four^^.— That he was not the original and first inventor or dis- 
coverer of any material and substantial part of the thing pat- 
ented; or, 

Fifth. — That it had been in public use or on sale in this country 
for more than two years before his application for a patent, or had 
been abandoned to the public. 

And in notices as to proof of previous invention, knowledge, or use 
of the thing patented, the defendant shall state the names of pat- 
entees and the date? of their patents, and when granted, and the 
names and residences of the persons alleged to have invented, or to 
have had the prior knowledge of the thing patented, and where and 
by whom it had been used ; and if any one or more of the special 
matters alleged shall be found for the defendant, judgment shall be 
rendered for him with costs. And the like defenses may be pleaded 
in any suit in equity for relief against an alleged infringement; and 
proofs of the same may be given upon like notice in the answer of 
the defendant, and with the like effect. 

Sec. 4921. The several courts vested with jurisdiction of cases 
arising under the patent laws shall have power to grant injunctions 
according to the course and principles of courts of equity, to pre- 
vent the violation of any right secured by patent, on such terms as 
the court may deem reasonable ; and upon a decree being rendered 



48 

in any such case for an infringement, the complainant shall be en- 
titled to recover, in addition to the profits to be accounted for by 
the defendant, the damages the complainant has sustained thereby; 
and the court shall assess the same or cause the same to be assessed 
under its direction. And the court shall have the same power to in- 
crease such damages, in its discretion, as is given to increase the 
damages found by verdicts in actions in the nature of actions of 
trespass upon the case. 

Sec. 4922. Whenever, through inadvertence, accident, or mistake, 
and without any willful default or intent to defraud or mislead the 
public, a patentee has, in his specification, claimed to be the origiual 
and first mventor or discoverer of any material or substantial part 
of the thing patented, of which he was not the origiual and first in- 
ventor or discoverer, every such patentee, his executors, adminis- 
trators, and assigns, whether of the whole or any sectional interest 
in the patent, may mamtain a suit at law or in equity for th ' in- 
fringement of any part thereof which was bona fide his own, if it is 
a material and substantial part of the thing patented, and definitely 
distinguishable from the parts claimed without right, notwithstand- 
ing the specifications may embrace more than that of which the 
patentee was the first inventor or discoverer. But in every such 
case in which a judgment or decree shall be rendered for the plain- 
tiff no costs shall be recovered unless the proper disclaimer has 
been entered at the Patent Oflfice before the commencement of the 
suit. But no patentee shall be entitled to the benefits of this sec- 
tion if he has unreasonably neglected or delayed to enter a dis- 
claimer. 

Sec. 4923. Whenever it appears that a patentee, at the time of 
making his application for the patent, believed himself to be the 
original and first inventor or discoverer of the thing patented, the 
same shall not be held to be void on account of the invention or dis- 
covery, or any part thereof, having been known or used in a foreign 
country, before his invention or discovery thereof, if it had not 
been patented or described in a printed publication. 

Sec. 4924, 4925, 4926 and 4927 relate to the manner of extending 
Patents that expired before March 2, 1875. 

Sec. 4928. The benefit of the extension of a patent shall extend 
to the assignees and grantees of the right to use the thicg patented, 
to the extent of their interest therein. 



Sec. 4929. Any person who by his own industry, genius, efforts, 
and expense, has invented and produced any new and original 
design for a manufacture, bust, statue, alto-relievo, or bas-relief, 
any new and original design for the printing of woolen, silk, cot- 
ton, or other fabrics; any new and original impression, ornament, 
patent [pattern], print, or picture to be printed, painted, cast, or 
otherwise placed on or worked into any article of manufaeture ; or 
any new, useful, and original shape or configuration of any article 
of manufacture, the same not having been known or used by others 
before his invention or production thereof, or patented or described 



49 

in any printed publication, may, upon payment of the fee pre- 
scribed, and other due proceedings had, the same as in cases of 
inventions or discoveries, obtain a patent therefor. 

Sec. 4930. The Commissioner may dispense with models of designs 
when the de^^igu can be snjBaeiently represented by drawings or 
photographs. 

Sec. 4931. Patents for designs may be granted for the term of three 
years aud six months, or for seven years, or for fourteen years, as 
the applicant may, in his application, elect. 

Sec. 4932. Patentees of designs issued prior to the second day of 
March, eighteen hundred aud sixty-one, shall be entitled to exten- 
sion of their respective latents ior the term of seven years, tn the 
same manner and under the same restrictions as are provided for 
thr extension of patents for inventions or discoveries, issued prior 
to the second day of March, eighteen hundred and sixty-one. 

Sec. 4933. All the regulations and provisions which apply to ob' 
taining or protecting patents for inventions or discoveries notincon 
sistent with the provisions of this Title, shall apply to patents for 
designs. 

FEES. 

Sec. 4934. The following shall be the rates for patent fees: 

On filing each original application for a patent; except in design 
cases, filteen dollars. 

On issuing each original patent, except in design cases, twenty 
dollars. 

In design cases; For three years and six months, ten dollars ; for 
seven years, fifteen dollars ; for fourteen years; thirty dollars. 

On filing each caveat, ten dollars. 

On every application lor the reissue of a patent, thirty dollars. 

On filing each < isclaimer, ten tioilars. 

On eve-y application for the extension of a patent, fifty doliatA, 

On the grauting of every extension of a patent, fifty dollar*. 

On an appeal for the first time from the primary examiners to 
the examiners-in-chief, ten dollars. 

On every appeal from the examiners- in-chief to the Commissioner, 
twenty dollars. 

For certified copies of patents and other papers, including certified 
printed copies, ten cents per hundred words. 

For recording every assignment, agreement, power of attorney, or 
other paper, of three hundred words or under, one dollar; of over 
three hundred and under one thousand words, two dollars; of over 
one thousand words, three dollars. 

For copies of drawings, the reasonable cost of making them. 

Sec. 4935. Patent fees may be paid to the Commissioner of 
Patents, or to the Treasurer or any of the assistant treasurers of the 
United States, or to any ol the designated depositories, national 
banks, or receivers of pulDlic money, designated by the Secretary of 
the Treasury for that purpose; and such olficer shall give the de- 
positor a receipt or certificate of deposit therefor. All money re- 
ceived at the Patent Office, for any purpose, or from any source what- 



50 

ever, shall be paid into the Treasury as received, without any deduc- 
tion whatever. 

Sec. 4936. The Treasurer of the United States is authorized to 
pay back any sum or sums of money to any person who has throuj^h 
mistake paid the same into the Treasury, or to any receiver or de- 
pository, to the credit of the Treasury, as for lees accruing at the 
Patent Office, upon a certificate thereof being made to the Treasurer 
by the Commissioner of Patents. 

TRADE-MARK. 

Title LX, Rev. Stat., Chap. 2, p. 963: 

Sec. 4937. Any person or firm domiciled in the United States and 
any corporation created by the authority of the United States, or of 
any State or Territory thereof, and any person, firm, or corporation 
resident of or located in any foreign country which by treaty or 
convention afl'ords similar privileges to citizens of the United States, 
and who are entitled to the exclusive use of any lawful trade-mark, 
or who intend to adopt and use any trade-mark for exclusive use 
within the United States, may obtain protection for such lawful 
trade-mark by complying with the following requirements: 

First. By causing to be recorded in the Patent Office a statement 
specifying the names of the parties, and their residences and place of 
business, who desire the protection of the trade-mark; the class of 
merchandise and the particular description of goods comprised in 
such class, by which the trade- mark has been or is intended to be 
appropriated; a description of the trade-mark itself, with fac- 
similes thereof, showing the mode in which it has been or is in- 
tended to be applied and used, and the length of time, if any, during 
which the trade-mark has been in use. 

Second.— Bj making payment of a fee of twenty-five dollars in the 
same manner and for the same purpose as the fee required for pat- 
ents. 

Third. — By complying with such regulations as may be prescribed 
by the Commissioner of Patents. 

Sec. 4938. The certificate prescribed by the preceding section 
must, in order to create any right whatever in favor of the party 
filing it, be accompanied by a written declaration verified by the 
person, or by some member of the firm or officer of the corpora- 
tion by whom it is filed, to the effect that the party claiming protec- 
tion for the trade-mark has a right to the use of the same, and that 
no otter person, firm, or corporation has the right to such use, 
either in the identical form or in any such near resemblance thereto 
as might be calculated to deceive ; and that the description and fac- 
similes presented for record are true copies of the trade-mark 
sought to be protected. 

Sec. 4939. The Commissioner of Patents shall not receive and 
record any proposed trade-mark which is not and cannot become a 
lawful trade-mark, or which is merely the name of a person, firm, 
or corporation unaccompanied by a mark sufficient to distinguish it 
from the same name when used by other persons, or which is iden- 



51 

tical with a trade-mark appropriate to the same class of merchan- 
dise and belonging to a different owner, and already registered or 
received for registration, or which so nearly resembles such last- 
mentioned trade-mark as to be likely to deceive the public. But 
this section shall not prevent the registry of any lawful trade-mark 
rightfully in use on the eight day of July, eighteen hundred and 
seventy. 

Sec. 4910. The time of the receipt of any trade-mark at the Patent 
Office for registration shall be noted and recorded. Copies of the 
trada-mark and f the date of the receipt thereof, and of the state- 
ment filed therewith, under the seal of the Patent Office, certified 
by the Commissioner, shall be evidence in any suit in which such 
trade-mark shall be brought in controversy. 

Sec. 4941. A trade-mark registered as above prescribed shall re- 
main in force for thirty years from the date of such registration ; 
except in cases where such trade-mark is claimed for and applied to 
articles not manufactured in this country and in which it receives 
protection under the laws of any foreign country for a shorter 
period, in which case it shall cease to have any force in this country 
by virtue of this act at the same time that it becomes of no effect 
elsewhere. Such trade-mark during the period that it remains in 
force shall entitle the person. &rm, or corporation registering the 
same to the exclusive use thereof so far as regarcis the description 
of goods to which it is appropriated in the statement filed under 
oath as aforesaid, and no other person shall lawfully use the same 
trade-mark, or substantially the same, or so nearly resembling it as 
to be calculated to deceive, upon substantially the same description 
of goods. And at any time during the six months prior to the ex- 
piration of the term of thirty years, application may b? made for a 
renewal of such registration, under regulaticns to be prescribed by 
the Commissioner of Patents, The fee for such renewal shall be 
the same as for the original registration; and a certificate of such 
renewal shall be issued in the same manner as for the original 
registration; and such trade-mark shall remain in force for a further 
term of thirty years. 

Sec. 4942. Any person who shall reproduce, counterfeit, copy, or 
imitate any recorded trade-mark and affix the same to goods of sub- 
stantially the same descriptive properties and qualities as those 
referred to in the registration, shall be liable to an action on the 
case for damages for such wnmgfnl use of such trade-mark, at the 
the suit of the owner thereof; and the party aggrieved shall also 
have his remedy according to the course of equity to enjoin the 
wrongful use of his trade-mark and to recover compensation there- 
for in any court having jurisdiction over the person guilty of such 
wrongful use. 

Sec. 4943. No action shall be maintained under the provisions of 
this chapter by any person claiming the exclusive right to any 
trade-mark which is used or claimed in any unlawful business, or 
upon any article which is injurious in itself, or upon any trade- 
mark which has been fraudulently obtained, or which has been 
formed and used with the design of deceiving the public in the pur- 
chase or use of any article of merchandise, 



52 

Sec. 4944. Any person who shall procure the registry of any 
trade-mark, or of himself as the owner of a trade-mark, or an entry 
respecting a trade-mark in the Patent Office, by making any false or 
fraudulent representations or declarations, verbally or in writing, 
or by any fraudulent means, shall be liable to pay any damages sus- 
tained in consequence of any such registry or entry, to the person 
injured thereby; to be recovered in an action on the case. 

Sec. 4945. Nothing in this chapter shall prevent, lessen, impeach, 
or avoid any remedy at law or in equity, which any party aggrieved 
by any wrongful use of any trade-mark might have had if the pro- 
visions of this chapter had not been enacted. 

Sec. 4946. Nothing in this chapter shall be construed by any court 
as abridging or in any matter affecting unfavorably the claim of any 
person to any trade-mark after the expiration of the term for which 
such trade-mark was registered. 

Sec. 4947. The Commissioner of Patents is authorized to make 
rules, regulations, and prescribe forms for the transfer of the right 
to the use of trade-marks, conforming as nearly as practicable to the 
requirements of law respecting the transfer and transmission of 
copyrights. 



CHAP. 301.— An Act to Amend the Law Relating to Patents, 
Trade-Marks, and Copyrights. 

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled. That no person shall main- 
tain an action for the inMngement of his copyright unless he shaU 
give notice thereof by inserting in the several copies of every edi- 
tion published, on the title page or the page immediately following, 
if it be a book; or if a map, chart, or musical composition, print, 
cut, engraving, photograph, painting, drawing, chromo, statue, stat- 
uary, or model or design intended to be perfected and completed as 
a work of the fine arts, by inscribing upon some visible portion 
thereof, or of the substance on which the same shall be mounted, the 
following words, viz. : " Entered according to act of Congress, in the 

year , by A. B., in the office of the Librarian of Congress, at 

Washington;" or, at his option, the word '-Copyright," together 
with the year the copyright was entered, and the name of the party 
by whom it was taken out; thus — " Copyright, 18—, by A. B." 

Sec. 2. That for recording and certifying any instrument of writing 
tor the assignment of a copyright, the Librarian of Congress shall 
receive from the persons to whom the service is rendered, one dol- 
lar; and for every copy of an assignment, one dollar; said fee to 
cover, in either case, a certificate of the record, under seal of the 
Librarian of Congress; and all fees so received shall be paid into the 
Treasury of the United States. 

Sec. 3. That in the construction of this act, the words " engrav- 
ing," «'cut," and "print" shall be applied only to pictorial illustra- 
tions or works connected with the fine arts, and no prints or labels 
designed to be used for any other articles of manufacture shall be 



53 

entered iiuder the copyright law, but may be registered iuthe Patent 
Oftice. And the Commissi,^ner of Patents is hereby charged with the 
supervision and control of the entry or registry of such prints or 
labels, in conformity w th the regulations provided by law as to 
copyright of prints, except that there shall be paid for recording 
the title of any print or label not a trade-mark, six dollars, which 
shall cover the expense of furnishing a copy of the record under the 
seal of th3 Commissioner of Patents, to the party entering the same. 

Sfx. 4, That all laws and parts of laws inconsistent with the fore- 
going provisions be and the same are hereby repealed. 

Sec. 5. That this act shall take effect on and after the first day of 
August, eighteen hundred and seventy- four. 

Approved, June 18, 1874=. 

REPEAL PROVISIONS. 

Title LXXIV, Rev. Stat., p; 1091: 

Sec. 5595. The foregoing seventy-three titles embrace the statutes 
of the United States general and permanent in their nature, in force 
on the IvSt day of December, one thousand eight hundred and 
seventy-three, as revised and consolidated by the commissioners ap- 
pointed under an act of Congress, and the same shall be designated 
and cited, as the Revised Statutes of the United States. 

Sec. 5596. All acts of Congress passed prior to said first day of De- 
cember, one thousand eight hundred and seventy-three, any portion 
of which is embraced in any section of said revision, are hereby re- 
pealed, and the section applicable thereto shall be in force in lieu 
thereof; all parts ot such acts not contained in such revision, having 
been repealed or superseded by subsequent acts, or not being gen- 
eral or permanent in their nature: Provided, That the incorporation 
into said revision of auy general and permanent provision, taken 
from an act making appropriations, or from an act containing other 
provisions of a private, local, or temporary character, shall not re- 
peal, or in any way affect any appropriation, or any provision ot a 
private, local or temporary character, contained in any of said acts, 
but the same shall remain in force; and all acts of Congress passed 
prior to said last named day no part of which are embraced in said 
revision, shall not be affected or changed by its enactment. 

Sec. 5597. The repeal of the several acts embraced in said re- 
vision shall not affect any act don,e or any right accruing or ac- 
crued, or any suit or proceeding had or commenced in any civil 
cause before the said repeal, but all rights and liabilities under said 
acts shall continue, and may be enforced in the same manner as if 
said repeal had not been made; nor shall said repeal in any man- 
ner affect the right to any office, or change the term or tenure 
thereof. 

Sec. 5598. All offenses committed, and all penalties or forfeitures 
incurred under any statute embraced in said revision prior lo said 
repeal, may be prosecuted and punished in the same manner and 
with the same effect as if said repeal had not been made. 

Sec. 5599. All acts of limitation, whether applicable to civil 



54 

causes and proceedings, or to the prosecution of ofifenses, or for the 
recovery of penalties or forfeitures, embraced in said revision and 
covered by said repeal, shall -not be affected thereby, but all suits, 
proceedings or prosecutions, whether civil or criminal, f )r causes 
arising or acts done or committed prior to said repeal, may be com- 
menced and prosecuted within the same time as if said repeal had 
had not been made. 

Sec. 5600. The arrangement and classification of the several sec- 
tions of ♦^he revision have been made for the purpose of a more 
convenient and orderly arrangement of the same, and therefore no 
inference or presumption of a legislative construction is to be drawn 
by reason of the title under which any particular section is placed. 

Sec. 5601. The enactment of the said revision is not to affect or 
repeal any act of Congress passed since the 1st day of December, 
one thousand eight hundred and seventy-three, and "all acts passed 
since that date are to have full effect as if passed after the enactment 
of this revision, and so far as such acts vary from, or conflict with, 
any provision contained in said revision, they are to have effect as 
subsequent statutes, and as repealing any portion of the revision 
inconsistent therewith. 

A.pproved, June 22, 1874. 

AN ACT TO Punish the Counterfeiting of Trade-mark Goods 

And the Sale or Dealing in of Counterfeit Trade-mark 

Goods. 

Be it enacted hy the Senate and House of R'presentatives of the Unitad 
Ssates of America in Congress assembled. That every person who shall 
with intent to defraud, deal in or sell, or keep or offer for sale, or 
cause or procure the sale of, -any goods of substantially the same 
descriptive properties as i hose referred to in the registration of any 
trade-mark, pursuant to the statutes of the United States, to which, 
or to the package in which the same are put up, is fraudulently 
affixed, said trade-mark, or any colorable imitation thereof, calcu- 
lated to deceive the public, knowing the same to be counterfeit or 
not the genuine goods referred to in said registration, shall, on 
conviction thereof, be punished by fine not exceeding one thousand 
dollars, or imprisonment not more than two years, or both such 
fine and imprisonment. 

Sec, 2. That every person who fraudulently affixes, or causes or 
procures to be fraudulently affixed, any trade-mark registered pur- 
suant to the statutes of the United States, or any colorable imitation 
thereof, calculated to deceive the public, to any goods, of substan- 
tially the same descriptive properties as those referred to in said 
registration, or to the package in which they are put up, knowing 
the same to be counterfeit, or not the genuine goods, referred to in 
said registration, shall, on conviction thereof, be punished as pre- 
scribed in the first section of this act. 

Sec. 3. That every person who fraudulently fills, or causes or 
procures to be fraudulently filled, any package to which is affixed 
any trade-mark registered pursuant to the statutes of the United 
States, or any colorable imitation thereof, calculated to deceive the 



55 

public, with any goods of substantially the same descriptive prop- 
erties as those relerred to in said registration, knowing the same 
to be counterfeit, or not the genuine gooods referred to in said reg- 
istration, shall, on conviction thereof, be punished as prescribed in 
the first section of this act. 

Sec. 4. That any person or persons who shall, with intent to de- 
fraud any person or persons, knowingly and willfully cast, engrave, 
or manufacture, or have in his, her, or their possession, or buy, 
sell, or offer for sale, or deal in, any die or dies, plate or plates, 
brand or brand?!, engraving or engravings, on wood, stone, metal, 
or other substance, moulds, or au.v false representation, likeness, 
copy, or colorable imitation of any die, plate, brand, engraving, or 
mould of any private label, brand, stamp, wrapper, engraving on 
paper or other substauce, or trade-mark, registered pursuant to the 
statutes of the United States, shall upon conviction thereof, be pun- 
ished as prescribed in the first section of this act. 

Sec. 5. That any person or persons who shall, with intent to de- 
fraud any person or persons, knowingly and willfully make, forge, 
or counterfeit, or have in his, her, or their possession, or buy, sell, 
offer f'. r sale, or deal in, any representation, likeness, similitude, 
copy, or colorable imitation of any private label, brand, stamp, 
wrapper, engraving, mould, or trade-mark, registered pursuant to 
the statutes of the United States, shall, upon conviction thereof, be 
punished as prescribed in the first section of this act. 

Sec. 6. That any person who shall, with intent to injure or de- 
fraud the owner of any trade-mark, or any other persrn lawfully 
entitled to use or protect the same, buy, sell, off"er for sale, deal in 
or have in his possession any used or empty box, envelope, wrapper, 
case, bottle, or other package, to which is affixed, so that the same 
may be obliterated without substantial injury to such box or other 
thing aforesaid, any trade-mark, registered pursuant to the statutes 
of the United States, not so defaced, erased, obliterated, and de- 
stroyed as to prevent its fraudulent use, shall, on conviction thereof, 
be punished as prescribed in the first section of this act. 

Sec. 7. That if the owner of any trade-mark, registered pursuant 
to the statutes of the United States or his agent, make oath, in writ- 
ing, that he has reason to believe, and does believe, that any coun- 
terfeit dies, pla'es, brands, engravings on wood, stone, metal, or 
other substance, or moulds of his said registered trade-mark, are in 
the possession of any person, with intent to use the same for the 
purpose of deception and fraud, or makes such oaths that any 
counterfeits or colorable imitations of his said trade-mark, label, 
brand, stamp, w^rapper, engraving on paper or other substance, or 
other substance, or empty box, envelope, wrapper, case, bottle, or 
other package, to which is affixed said registered trade-mark not so 
defaced, erased, obliterated and destroyed as to prevent its fraud- 
ulent use, are in the possession of any person, with intent to use the 
same for the purpose of deception and fraud, then the several 
judges of the circuit and district courts of the United States and the 
Commissioners of the circuit courts may, within their respective 
jurisdictions, proceed under the law relating to search-warrants, and 
may issue a search-warrant authorizing and directing the Marshal 



56 



of the United States for the proper district to search for and sei^e 
ail said counterfeit dies, plates, brands, engravings on wood, stone, 
metal, or other substance, moulds, and said counterfeit trade- 
marks, colorable imitations thereof, labels, brands, stamps, wrap- 
pers, engravings on paper, or other substance, and said empty 
boxes, envelopes, wrappers, cases, bottles, or other packages that 
can be found ; and upon satisfactory proof being made that said 
counterfeit dies, plates, brands, engravings on wood, stone, metal, 
or other substance, moulds, counterfeit trade-marks, colorable imi- 
tations thereof, labels, brands, stamps, wrappers, engravings on 
paper or other substance, empty boxes, envelopes, wrappers, cases, 
bottles or other packages, are to be used by the holder or owner for 
the purposes of deception and fraud, that any of said judges shall 
have full power to order all said counterfeit dies, plates, brands, 
engravings on wood, stone, metal, or other substance, moulds, 
counterfeit trade- marks, colorable imitations thereof, labels, brands, 
stamps, wrappers, engravings on paper or other substance, empty 
boxes, envelopes, wrappers, cases, bottles, or other packages, to ue 
publicly destroyed. 

Sec. 8. That any person who shall, with intent to defraud any 
person or persons, knowingly and willfully aid or abet in the viola- 
tion of any of the provisions of this act, shall, upon conviction 
thereof, be punished by a fine not exceeding five hundred dollars, 
or imprisonment not more than one year, or both such fiue and im- 
prisonment. 

Approved August 14, 1876. 



